부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
All prosecutor's appeal against the Defendants is dismissed.
1. The summary of the facts charged in this case is that Defendant A entered a company F (hereinafter “victim”) established for the purpose of manufacturing and selling remote areas around July 199 and worked as a director and factory site in charge of controlling the development, manufacturing, etc. of natural remote areas. On or around April 3, 2010, Defendant A established the Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) which is a competitor around June 10, 201 and worked as a representative director from around June 10, 201, and Defendant B works as the representative director of G Co., Ltd (the parent company with 50% shares of C Co., Ltd) that produces remote areas, etc., and Defendant A is a company established for the purpose of selling eco-friendly remote areas.
The injured company developed and produced natural remote areas using natural materials (H) which are irrelevant to human body. In the manufacture of natural remote areas, the kinds of natural materials used as their raw materials, customers, kinds of contacters necessary for the exploitation of natural materials and remote areas, the thickness and uniform color of remote areas, the effective mixing ratio of raw materials and brus, the technology of manufacturing natural remote areas is the most important trade secret and has an economic value independent of research and development by investing about 1.772 billion won (including national subsidies) in research and development for about 5 years, and it is not known in general as well as in a situation where it is difficult for the injured company to identify its employees, not only the injured company's employees, but also the affected company's external access to the producing machine by managing the raw materials mixing, raw materials purchasing place, the production process, etc. under the control of the Defendant A who was the factory site, and managing the outer contact of the damaged company in order not to leak them.